What was the outcome of Tenancy Tribunal case 4521729?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4521729?

Cleaning: $322.00 awarded to landlord; Cleaning: $750.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $356.00 awarded to landlord; Rent Arrears: $200.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rubbish Removal: $376.05 awarded to landlord; Water Rates: $169.36 awarded to landlord

What type of tenancy dispute was case 4521729?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 4521729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9441488-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4521729?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4521729?

Cleaning: $322.00 awarded to landlord; Cleaning: $750.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $356.00 awarded to landlord; Rent Arrears: $200.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rubbish Removal: $376.05 awarded to landlord; Water Rates: $169.36 awarded to landlord

What type of tenancy dispute was case 4521729?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 4521729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9441488-Tenancy_Tribunal_Order.pdf.

7 Culverwell Crescent, Pokeno, Pokeno 2402 Tenancy Tribunal Case 4521729 — Cleanliness

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7 Culverwell Crescent, Pokeno, Pokeno 2402 Tenancy Tribunal Case 4521729 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4521729 — net $73.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 January 2023	$200.00	Rent arrears to 15 January 2023
Water rates	$169.36	Water rates
Carpet Cleaning	$322.00	Carpet Cleaning
Cleaning	$750.00	Cleaning
Rubbish removal	$376.05	Rubbish removal
Replace furnishings: Insurance excess carpets	$600.00	Replace furnishings: Insurance excess carpets
Pest control: Mice	$356.00	Pest control: Mice
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$73.85
Total payable by Tenant to Landlord	$73.85

Claims and awards for application 4521729 — net $73.85 NZD. Verify on MoJ.

Rent arrears to 15 January 2023

Amount: $200.00
Awarded to: Landlord
Reason: Rent arrears to 15 January 2023

Water rates

Amount: $169.36
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $322.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $750.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $376.05
Awarded to: Landlord
Reason: Rubbish removal

Replace furnishings: Insurance excess carpets

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Rent arrears Property damage Rubbish Removal Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Christopher Ball Filipo and Larissa Samuelu must pay Compass Property Management Limited $73.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 (6295308-010) to Compass Property Management Limited immediately.

Reasons

The landlord attended the hearing the tenant did not.
The landlord has applied for rent arrears, water rates, compensation for cleaning, rubbish removal, pest control, carpet replacement, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 15 January 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
I have reduced the amount of compensation awarded to the landlord to reflect an amount that I consider would be payable to bring the property up to a reasonable standard.
I am satisfied that the tenants should pay for pest control for mice, the landlord identified a mouse problem at inspection of the property in November 2022. Despite notifying the tenants of the problem, it does not appear that the tenants took steps to get the mice under control, at the vacate inspection there was considerable mouse dropping found throughout the house. The landlord says it took at least two visits from the pest controllers to get the infestation under control. I am satisfied that the tenants are liable for the cost of pest control.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The landlord says that the carpet in one bedroom had to be replaced because urine had soaked into the underlay and the smell had permeated the room. I consider this careless damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The owner told the property manager that it was not covered by insurance, but there is no evidence that the owner has applied for insurance cover, and it has been declined. I therefore award the landlord the insurance excess of $600.00 as set out in the tenancy agreement.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Compass Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4521729 — net $73.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 January 2023	$200.00	Rent arrears to 15 January 2023
Water rates	$169.36	Water rates
Carpet Cleaning	$322.00	Carpet Cleaning
Cleaning	$750.00	Cleaning
Rubbish removal	$376.05	Rubbish removal
Replace furnishings: Insurance excess carpets	$600.00	Replace furnishings: Insurance excess carpets
Pest control: Mice	$356.00	Pest control: Mice
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$73.85
Total payable by Tenant to Landlord	$73.85

Claims and awards for application 4521729 — net $73.85 NZD. Verify on MoJ.

Rent arrears to 15 January 2023

Amount: $200.00
Awarded to: Landlord
Reason: Rent arrears to 15 January 2023

Water rates

Amount: $169.36
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $322.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $750.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $376.05
Awarded to: Landlord
Reason: Rubbish removal

Replace furnishings: Insurance excess carpets

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Rent arrears Property damage Rubbish Removal Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Christopher Ball Filipo and Larissa Samuelu must pay Compass Property Management Limited $73.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 (6295308-010) to Compass Property Management Limited immediately.

Reasons

The landlord attended the hearing the tenant did not.
The landlord has applied for rent arrears, water rates, compensation for cleaning, rubbish removal, pest control, carpet replacement, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 15 January 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
I have reduced the amount of compensation awarded to the landlord to reflect an amount that I consider would be payable to bring the property up to a reasonable standard.
I am satisfied that the tenants should pay for pest control for mice, the landlord identified a mouse problem at inspection of the property in November 2022. Despite notifying the tenants of the problem, it does not appear that the tenants took steps to get the mice under control, at the vacate inspection there was considerable mouse dropping found throughout the house. The landlord says it took at least two visits from the pest controllers to get the infestation under control. I am satisfied that the tenants are liable for the cost of pest control.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The landlord says that the carpet in one bedroom had to be replaced because urine had soaked into the underlay and the smell had permeated the room. I consider this careless damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The owner told the property manager that it was not covered by insurance, but there is no evidence that the owner has applied for insurance cover, and it has been declined. I therefore award the landlord the insurance excess of $600.00 as set out in the tenancy agreement.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Compass Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4521729 — Cleanliness at 7 Culverwell Crescent, Pokeno, Pokeno 2402

At a glance

Tenancy Tribunal case 4521729 — Cleanliness at 7 Culverwell Crescent, Pokeno, Pokeno 2402

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions